23:0007(2)NG - AFGE, Council of Prison Locals, Local 1741 and Justice, Federal Prison System, Federal Corrections Institution, Milan, MI -- 1986 FLRAdec NG
[ v23 p7 ]
The decision of the Authority follows:
23 FLRA No. 2 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, COUNCIL OF PRISONS LOCALS, LOCAL 1741 Union and DEPARTMENT OF JUSTICE, FEDERAL PRISON SYSTEM, FEDERAL CORRECTIONS INSTITUTION, MILAN, MICHIGAN Agency Case No. 0-NG-1179 ORDER DISMISSING PETITION FOR REVIEW This case is before the Authority pursuant to section 7105(a)(2)(E) of the Federal Service Labor-Management Relations Regulations on a petition for review of negotiability issues filed by the Union. For the reasons indicated below, it has been determined that the Union's petition for review was untimely filed and must be dismissed on that basis. From the record before the Authority, it appears that the local parties forwarded a supplemental collective bargaining agreement to the designee of the Agency head for review and approval pursuant to section 7114(c((4) of the Statute. Article 9, Section d of the parties' National Controlling Agreement set forth the procedures for review of such local supplemental agreements. /1/ The designee of the Agency head disapproved a number of provisions of the local agreement and served a copy of that disapproval on the Regional Vice President of the Union on August 27, 1985, by certified mail. The Union filed its petition for review with the Authority on September 19, 1985. In its statement of position, the Agency contends that the Union's petition was untimely filed. In response, the Union asserts that under the Controlling National Agreement the Agency's disapproval should have been served on the National President of the Union rather than the Regional Vice President. The Union further asserts that its appeal was timely filed from the date a local Union official obtained a copy of the disapproval. Under section 7117(c)(2) of the Statute and section 2424.3 of the Authority's Rules and Regulations, the time limit for filing a petition for review of negotiability issues is 15 days after service on the Union of the Agency's allegation that the duty to bargain in good faith does not extend to the matter proposed to be bargained. Further, section 2429.